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Item C10
CIO BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: CIO 2023-3605 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham N/A AGENDA ITEM WORDING: Approval of the State Housing Initiatives Partnership (SHIP) Program Rental Monitoring Agreement between Monroe County and the Archdiocese of Miami, doing business through Catholic Charities of the Archdiocese of Miami, Inc., for the construction of affordable rental properties located on Flagler Avenue, Key West, Florida; as well as acknowledgment of the SHIP Mortgage and Promissory Note that secures the funding for the ten(10)ADA affordable rental units in the amount of$400,000 (SHIP Program funds) for fifteen(15)years. ITEM BACKGROUND: Approval of the State Housing Initiatives Partnership (SHIP)Program Rental Monitoring Agreement between Monroe County and the Archdiocese of Miami, doing business through Catholic Charities of the Archdiocese of Miami, Inc., a Florida Not for Profit Corporation, for the benefit of affordable rental properties located on Flagler Avenue, Key West, Florida. This is a completed construction project of ten (10)ADA Affordable Rental Units at St. Bede's main property at 2700 Flagler Avenue, Key West, FL 33040, with a more specific post-construction mailing address of 2720 Flagler Avenue, Units 1 through 10, Key West, FL 33040. In 2022, the County reserved the funding for the construction concept via the Land Use Restriction Agreement (LURA) recorded in the Monroe County official records books at Bk 3180 and Pg 1262. Now that construction has concluded, the approval of the Rental Monitoring Agreement, and acknowledgement of the SHIP Mortgage and Promissory Note (previously executed on 11/5/2024) are the final steps required by the County's Local Housing Assistance Plan(LHAP) to issue payment pursuant to the earlier award/eligibility determination. These ten (10)units have been reserved for tenants who are elderly or disabled, with household incomes that do not exceed 80% of AMI (Low- Income). The completed project is to be fully managed by Catholic Charities. This SHIP Activity furthers the County's Affordable Rental/Construction Rehabilitation Strategy within its LHAP. PREVIOUS RELEVANT BOCC ACTION: Approval of Catholic Charities Land Use Restriction Agreement (LURA) by BOCC on 5/18/2022. 544 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: SHIP RENTAL MONITORING AGREEMENT between Monroe County & Catholic Charities.pdf SHIP MORTG & PROMISSORY NOTE Catholic Charities.pdf Archbishop Thomas G. Wenski—Authorized Signatory.pdf 05—18—2022 LURA Agreement w Catholic Charities (Recorded).pdf 2025 01 COI Archdiocese Miami GL ALIT WC exp 4.1.25 signed.pdf Catholic Charities - Flagler Ave SHIP Monitoring Insurance Waiver.pdf FINANCIAL IMPACT: N/A 545 cfl d LO SHIP RENTAL MONITORING AGREEMENT BETWEEN MONROE COUNTY AND ARCHDIOCESE OF MIAMI (CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC.) This SHIP Rental Monitoring Agreement (hereinafter "Agreement") is made this day of November, 2024, by and between the Archdiocese of Miami, doing business through Catholic Chanties of the Archdiocese of Miami, Inc., a Florida Not for Profit Corporation, whose principal address is 1505 NE 26 Street, 2nd Floor, Wilton Manors, Florida 33305 (hereinafter referred to as"Owner"), and Monroe County, a political subdivision of the State of Florida, whose principal address is 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as "County"). RECITALS WHEREAS, Owner owns the land located at 2700 Flager Ave., Key West, FL 33040, more specifically described in"Exhibit A,"attached hereto and made apart hereof(hereinafter"Property°); and WHEREAS, County is a recipient of SHIP funds pursuant to Chapter 420, Florida Statutes, and specifically Section 420.9072 et seq., and the associated administrative rules under Chapter 67, Florida Administrative Code (hereinafter referred to collectively as the"SHIP Rules and Regulations"); and WHEREAS, on May 18, 2022, the panties entered into the Land Use Restriction Agreement (LURA) recorded in the Monroe County Official Records Books in Book 3180 at Page 1262, to loan a portion of Its SHIP program funds to Owner for purposes of affordable housing construction and rental activities for ten (10) units upon the Property; and WHEREAS, in exchange for the County providing SHIP funds in the amount of$40,000 per unit, for a total of $400,000, Owner executed a mortgage deed and promissory note, and this SHIP Rental Monitoring Agreement,with express promises and conditions among such include the annual certification that each tenant be a very-low or low income tenant who may also be persons who have special housing needs; and WHEREAS, parties adopt all provisions in the above referenced documents, and desire to set forth additional requirements as stated herein. Now therefore, in exchange for good and sufficient consideration, the parties hereby agree to the following terms and conditions: 1. Recitals. The parties hereby adopt the above recitals as true and incorporate them herein. 2. Contract Documents. The contract documents consist of this Agreement between the parties, the LURA between the parties, and SHIP Mortgage and Promissory Note executed by Owner. The contract documents must be construed together; however, in the event of a conflict between the aforementioned documents, this Agreement will control, followed by the Promissory Note, SHIP Mortgage, and then the LURA, in that order. 3. Incorporated Laws. The Owner agrees to comply with all SHIP Rules and Regulations, as well as local laws, regulations, and policies adopted the County, including but not limited to its adopted Local Housing Assistance Plan (the "LHAP") in accordance with Rule Chapter 67-37, Florida Administrative Code, as a part of the State Housing Initiatives Partnership ("SHIP") Program which contains an Affordable Rental Construction/Rehabilitation Strategy to provide funding for the construction or purchase of new construction housing, or purchase of existing housing and the rehabilitation of, or additions to, 1 of 9 ti dq LO existing housing, used for affordable rental housing as referred to in Sections 420.0004, and 420.9071 Fla. Stats., and to include persons with special needs as also defined therein. 4. Affordable Units. The Owner recently constructed and plans to operate affordable rental units that provide housing to SHIP Income eligible clients, to include persons with disabilities. Owner will utilize SHIP funds on a reimbursement basis for the construction of ten (10) affordable rental units located at: 2700 Flagler Avenue, Key West, in Monroe County, Florida, as described in "Exhibit A." One hundred percent(100%) of the ten (10) housing units must be set aside for occupants who upon initial occupancy are special needs clients who also have annual gross incomes equal to or below eighty percent (80%) for the Monroe County, Metropolitan Statistical Area (MSA), as determined by the U.S. Department of Housing and Urban Development (HUD) on an annual basis. The income requirements are required to remain in place for the entire fifteen (15) year period. The fifteen (15) year period begins at the date of first occupancy. 5. SHIP Funds. The total amount of SHIP funds to be expended will be FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($400,000.00). This amount shall be divided equally between the ten (10) units, at Forty Thousand Dollars ($40,000) per unit. The funds shall be provided to the Owner for construction reimbursement of ten (10) affordable rental units. 6. Relationship. Nothing contained in this Agreement shall be deemed or construed as creating any other business relationship, partnership or joint venture between Owner and Monroe County Board of County Commissioners/Monroe County and/or the Monroe County State Housing Initiatives Partnership (SHIP) Program. 7. Manner of Performance; Warranties and Representations. Owner shall do, perform, and carry out in a professional and proper manner the requirements set forth in the contract documents. Owner shall properly supervise and direct completion of construction or rehabilitation measures, and manage the Property for the benefit of eligible tenants in all units assigned under this Agreement. Owner is solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Property and complying with all applicable laws, ordinances, rules, regulations. Owner shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to (1) all tenants and employees on the Property and other affected persons, (2) all work, maintenance, and materials and equipment located upon the Property, and (3) other personal property kept or stored upon the Property. 8. Payment and Terms of Assistance. The parties agree that this SHIP assistance is provided as a forgivable loan with a term of fifteen (15) years in accordance with the LURA, and SHIP Mortgage and Promissory Note. An Owner that offers the rental housing for sale before the fifteen (15) year period or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons (as used herein "eligible persons" means "Low-income person," "Very-low-income person," as those terms are defined in Section 420.9071, Flat. Stat., and"Persons With Special Needs" as that term is defined in Section 420.0004, Fla. Stat., and as those sections may be amended from time to time). 9. Material Understandings; Compliance Monitoring. The parties agree that the following is a material breach of this Agreement: 1) use of the Property for any purpose other than as a residence for "Low-income person," "Very-low-income person," as those terms are defined in Section 420.9071, "Definitions," Fla. Stat., and "Persons with special needs" as the term is defined in Section 420.0004, "Definitions," Fla. Stat.; 2)the sale or other unauthorized transfer of any kind or nature of the Property or any part thereof; 3) the existence of an Event of Default under the SHIP Mortgage secured by the Promissory Note. Owner shall determine and verify the income eligibility of tenants in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5 for this Property. Income shall be calculated by annualizing verified sources of income for the household as the amount of income to be 2of9 00 dq LO received by a household, during the 12-months following the effective date of the determination. The annual gross income, as defined in Section 420.9071, Fla. Stat., must be used, and the annual SHIP Program income limits cannot be exceeded. The Owner must maintain complete and accurate income records pertaining to each tenant occupying a SHIP assisted unit. All funds shall be expended in accordance with the SHIP program guidelines. The names and demographics of the SHIP assisted tenant(s)must be provided to the Monroe County SHIP Program Administrator, including annual income, number of household members, and age and race of the head of household. In addition to compliance with SHIP Rules and Regulations, including but not limited to Sections 420.907-420.9079, Fla. Stat., and Chapter 67-37, F.A.C., all projects must be in compliance with 24 CFR Part 5, "General HUD Program Requirements;Waivers,"as amended from time to time, including but not limited to income limits, annual income, rent, and examinations for Public Housing and Section 8 Programs. In particular, Owner must ensure compliance with: a. Income limits; b. Definition of Affordability; c. Maximum Rent; and d. Non- discrimination. Owner acknowledges and agrees to stay updated on income qualification training by completing re-training at least once every three (3) years. Owner, or any authorized successor, must remain in contact with the Monroe County SHIP Program Administrator during the fifteen (15)-year SHIP affordability period and hereby accepts its affirmative obligation to report any changes in tenancies within thirty(30)days of any change. Once annually, beginning after all units are occupied, but prior to June 30 of each calendar year, Monroe County SHIP Program Administrator or designee will conduct a monitoring visit to review income compliance and affordability of rent/housing costs, pursuant to and in accordance with Section 420.9075, Fla. Stat., as well as complete an inspection of the physical condition of the SHI P- assisted units upon the Property. No less than thirty (30) days before the scheduled monitoring visit, the Owner will provide the following to Monroe County: a. A completed annual re-certification of income eligibility for each SHIP-assisted rental unit using a residential income certification form and including required verification of household income and assets; b. Proof of Affordability of Units; and c. Certificate of Hazard Insurance naming Monroe County as additional insured. 10. Confidentiality of Client Information. Owner agrees to keep confidential all client information which is confidential and exempt pursuant to the requirements of relevant Florida public records laws, as amended from time to time; and specifically, as required by Section 119.071(5)(0, Fla. Stat., as same may be amended from time to time. 11. Standards for Owner & Subcontractors. Owner shall not enter into any agreement with any contractor or subcontractor who has been debarred from performing work by any agency of the United States Government or by the State of Florida. Owner certifies that it will comply with all obligations of and not employ any subcontractors in violation of: Section 448.095, Fla. Stat., regarding the State's E-Verify requirements; Section 287.137, Fla. Stat., regarding the State's antitrust violator vendor list; Section 287.133(2)(a), Fla. Stat., regarding the State's Convicted Vendor List; Section 287.134(1)(a), Fla. Stat., regarding the State's Discriminatory Vendor List; Section 286.101, Fla.Stat., regarding the State's foreign gifts and contracts; Sections 287.135, 215.473, and 287.138, Fla. Stat., regarding the State's Scrutinized Companies and Countries of Concern listings; Section 787.06, Fla. Stat., regarding the State's noncoercive conduct for labor or services; Section 287.087, Fla. Stat., regarding Drug-Free Workplace; Section 2-347(l), Monroe County Code, regarding the County's Suspended Vendor List. Owner shall be fully responsible for the acts or omissions of any contractors, subcontractors, agents, and persons either directly or indirectly employed by them. At no time shall any contract or agreement between Owner and any contractor be construed as a relationship, formal or informal, between said contractor and County. 12. Indemnification; Sovereign immunity. Owner agrees to be solely responsible, and shall hold harmless the County, its elected officials,officers,directors, and employees for any and all claims brought against either Owner or County, or for liabilities incurred by County as a result of actions or omissions by the Owner or its agents. Notwithstanding anything contained herein, nothing in this SHIP Rental Monitoring Agreement shall be deemed or construed as a waiver of any privilege, defense, immunity, or 3 of 9 0) dq LO other protection which is available to the County under the doctrine of sovereign immunity, or the limitations of liability contained in Section 768.28, Fla. Stat., as may be amended from time to time. This section will survive the termination of this Agreement. 13. Insurance. The Owner shall obtain insurance as specified, and always maintain the required insurance while this Agreement is in effect. The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' written notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. Owner shall obtain and maintain the following policies: a. Workers'Compensation insurance as required by the State of Florida,sufficient to respond to Chapter 440, Fla. Stat. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, $1,000,000 Disease each employee. b. Comprehensive Business Automobile and Vehicle Liability Insurance with limits of $200,000 per person; $300,000 per occurrence; $200,000 Property Damage or$300,000 Combined Single Limit. c. Commercial General Liability Insurance with limits of$500,000 Combined Single Limit d. Contractors Errors & Omissions Liability Insurance to be maintained by the General Contractor or Construction Manager with limits of$1,000,000. e. Builders Risk Liability Insurance with Full Replacement Value of the Completed Project (to wit: 10 units upon the Property). An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this Agreement. County shall be named as an additional insured with respect to Comprehensive Business Automobile and Vehicle Liability Insurance, and Commercial General Liability Insurance. Owner shall require contractors and subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Owner if so required by County during the term of this Agreement. County will not pay for increased limits of insurance. Owner shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. If the Owner participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Owner may be required to submit updated financial statements from the fund upon request from the County. 14. Nondiscrimination. The Owner and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Owner agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination 4of9 0 LO LO in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s, 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)The Pregnant Workers Fairness Act(PWFA) pursuant to 42 U.S.C. 2000gg et seq.; and 12)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 15. Florida Public Records Law. County is a public agency subject to Chapter 119, Florida Statutes, as amended from time to time. To the extent Owner is acting on behalf of the County pursuant to Section 119.0701, Florida Statutes, as amended from time to time, Owner must comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, Owner agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. b. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Owner does not transfer the records to the County. d. Upon completion of the services within this Agreement, at no cost, either transfer to the County all public records in possession of the Owner or keep and maintain public records required by the County to perform the services. If the Owner transfers all public records to the County upon completion of the services, the Owner must destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Owner keeps and maintains public records upon completion of the services, the Owner must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. IF THE OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT PHONE NO. 305-292-3470, BRADLEY-BRIAN c@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. If Owner does not comply with this section, the County will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. 16. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as"County Clerk")to substantiate charges related to this agreement, and all other agreements, 5of9 T- LO LO sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, contractors, subcontractors, suppliers, and Owner(s) representatives. Owner agrees to keep all records for ten (10) years after conclusion of the fifteen (15)-year term. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Owner pursuant to this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the Owner, the Owner shall repay the monies together with interest calculated pursuant to Section 55.03, Fla. Stat., running from the date the monies were paid to Owner. This right to audit provision survives the termination of expiration of this Agreement. 17. Disagreements and Disputes. In the event that either Owner or County commence an action for damages, injunctive relief, or to enforce the provisions of this Agreement, and either party prevails in any such action, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and all costs incurred in connection therewith as determined by the court in any such action. 18. Governing Law; Venue. The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County, Florida,and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and for the Southern District of Florida, or United States Bankruptcy Court for the Southern District of Florida, whenever applicable. 19.Assignment. This Agreement may not be assigned without prior written consent of both parties executed in equal formally as this Agreement. This Agreement will be binding upon, and will inure to the benefit of, each party's authorized successors and assigns. 20. Notices. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the County: Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Copy to: Monroe County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 Copy to: Monroe County Social Services Department/SHIP Administrator 1100 Simonton Street, Room 2-257 Key West, Florida 33040 To the Owner: Catholic Charities of the Archdiocese of Miami, Inc. 1505 NE 26 Street, 2nd Floor Wilton Manors, FL 33305 6of9 N LO LO Copy to: Thomas H. Courtney, Esq. J. Patrick Fitzgerald &Associates, P.A. 110 Merrick Way, Suite 3B Coral Gables, FL 33134 21. Other Forms. Owner agrees to complete, or mandate the completion of such forms as County deems necessary in furtherance of its grant award from the state. The forms may include, but are not limited to: SHIP Authorization for the Release of Information Form; SHIP Resident Income Certification; Special Needs or Disabling Condition Certification; etc. 22. Merger; Amendment. This Agreement constitutes the entire Agreement between the Owner and the County, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Owner and authorized designees of the County. 23. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement include the other gender, and the singular includes the plural, and vice versa, unless the context otherwise requires. Terms such as "herein" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days, unless otherwise expressly stated. 24. Joint Preparation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. 25. Severability; Waiver of Provisions. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability of that provision or of the remainder of this Agreement. 26. Signatory Authority; Counterparts and Multiple Originals. Upon request, the Owner must provide the County with copies of requisite documentation evidencing that the signatory for Owner has the authority to enter into this Agreement. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which is hereby deemed to be an original, but all of which, taken together, constitutes one and the same agreement. [Remainder intentionally blank] 7 of M LO LO IN WITNESS WHEREOF, County and Owner have executed this Agreement as of the date first written above. BOARD OF COUNTY COMMISSIONERS F MONROE COUNTY, FLORIDA y: (Seal) Mayor Attest: Kevin Madok, Clerk As Deputy Clerk Approved as to legal form &sufficiency: II'lIlgop;Ay aPa M.4II IMurw K IlLV"��45 Eve M. Lewis l0WRO:20214 1111,iCUa Vullscl5u Assistant County Attomey SHIP RENTAL MONITORING AGREEMENT BETWEEN ONOE COUNTY AND ARCHDIOCESE OF MIAMI (CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC.) OWNER CHDIOCSE OF MAIMI Signature The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sole, doing business as President of Catholic Charities of the Archdiocese of Miami, Inc., a Florida Not for Profit Corporation STATE OF FLORIDA COUNTY OF " The foregoing instrument was acknowledge before me, by means of hysical presence or ❑ online notarization, this day of , 20° by The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sole (and owner of the subject Property), doing business through the Florida Non- Profit Corporation registered as Catholic Charities of the Archdiocese of Miami, Inc., as President, who is personally known to me or who has produced as identification. [Notary Seal) A OF MAYRA NEVLINA ROSSELL Signatumf St r= Notary Public•State of Florida • ail CommiSSIN f NH 342576 My Corm.E ct+Ires Feb 10,2021 E'thrw,Or N2tior_ •etrry AxP. (Print Stamp Commissioned Name of Notary Public) 8of9 dq LO LO "EXHIBIT A" Legal Description: "PARCEL C" On the Island of Key West and more particularly described as follows: Commencing at the intersection of the Southerly right of way line of Flagler Avenue and the Westerly right of way line (curb line) of Roosevelt Boulevard, in Key West, Florida, bear South 68°45'40" West along the Southerly right of way line of Flagler Avenue for a distance of 7282.40 feet to a point, said point being the Northwesterly corner of the lands described in Official Records Book 19 at Page 275 of the Public Records of Monroe County, Florida; thence S21"14'20"E along the Southwesterly boundary line of the said lands described in Official Records Book 19, at Page 275 of the Public Records of Monroe County, Florida, for a distance of 158.10 feet to a point; thence N68°4540T for a distance of 13,00 feet to the Point of Beginning of the parcel of land hereinafter described; thence continue N68°45'40"E for a distance of 146.50 feet to a point; thence S21°14'20"E for a distance of 48.00 feet to a point; thence S68045'40"W for a distance of 146.50 feet to a point; thence N21"14'20"W for a distance of 48.00 feet back to the Point of Beginning. Said parcel of land contains 7,032.00 Square Feet, more or less. Parcel Identification Number: 00065090-000000 General Street Address: 2700 Flager Ave., Key West, FL 33040 Post-Construction Mailing Address: 2720 Flager Ave., Units 1 through 10, Key West, FL 33040 wp"innM ST mmXr'�', iMll.. pGY kit . lug m10l,:e ar Asa ."PARCEL fY 9 of p. a aaer � So.g �A 9 L0 L0 L0 This instrument was prepared by: Monroe County SHIP Program Go Monroe County Social Services 1100 Simonton Street Key West, FL 33040 SHIP MORTGAGE TO SECURE LOAN FOR AFFORDABLE RENTAL CONSTRUCTION!REHABILITATION PROGRAM THIS SHIP MORTGAGE TO SECURE LOAN ("Mortgage") made this u, day of NOVOkk r , 204, between the Archdiocese of Miami,doing business through Catholic Charities of the Archdiocese of Miami. Inc.. a Florida Not for Profit Corporation, whose principal address is 1505 NE 26 Street, 2nd Floor, Wilton Manors, Florida 33305 (hereinafter referred to as "Mortgagor"), and MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as"Mortgagee"). A. Mortgagee is a recipient of SHIP funds pursuant to Chapter 420, Florida Statutes, and specifically Section 420.9072 et seq., and the associated administrative rules under Chapter 67, Florida Administrative Code(hereinafter referred to collectively as the"SHIP Rules and Regulations")and has agreed to loan a portion of Mortgagee's SHIP program funds to Mortgagor for purposes of affordable housing construction/rehabilitation activities for the Property (as defined herein). B. Mortgagor is indebted to Mortgagee in the principal sum of FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS J$400,000:00) ("Loan"), which indebtedness is evidenced by Mortgage's Promissory Note of even date herewith ("Note"), attached hereto as"Exhibit A". NOW,THEREFORE,FOR GOOD AND VALUABLE CONSIDERATION,Mortgagor does hereby mortgage, grant,and convey to Mortgagee the property described in"Attachment A,"located in the County of Monroe, State of Florida, together with all improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits„ water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property are herein referred to as the-Property," Mortgagor agrees to secure to Mortgagee the payment of the Loan as evidenced in the Note, payable to Mortgagee, and agrees to comply with the terms and conditions of this Mortgage and Note, and the terms and conditions set forth in the SHIP Rules and Regulations, including the applicable affordability periods and eligibility conditions established by the Monroe County. The sums secured under this Mortgage are provided in the form of a zero percent (0%) interest rate„ deferred payment, forgivable loan. Upon the expiration of the term of this Mortgage as provided in Section 2 hereof, so long as Mortgagor has complied with all the terms of this Mortgage and the Note, and no Event of Default (as defined below) has occurred or is occurring, the Mortgage shall be deemed satisfied and, upon request of Mortgagor, Mortgagee shall execute a Satisfaction of Mortgage. Mortgagor shall pay all costs of recordation of the Satisfaction of Mortgage, if any. If, however,the Mortgagor sells or transfers title to the Property used to secure this Mortgage prior to the full term of the Loan, or fails to comply with any terms and conditions of this Mortgage or the Note,and such other written agreements between the parties (to wit: SHIP Rental Monitoring Agreement), the outstanding principal amount of the Note securing this Mortgage shall immediately become due and payable to Mortgagee. This Mortgage is expressly made subject to, junior, inferior, and subordinate in payment and in all other respects to the lien, priority, terms and conditions, in those certain mortgages or declarations stated here A. A Declaration of Restrictive Covenants given to United States Department of Housing and Urban Development, recorded in the Official Records of Monroe County, Florida, on November 17, 2004, Page 1 of 9 W L0 L0 at Book 2059 and Page 1491, securing a grant award having an original value of One Hundred Eighty Thousand Dollars and Zero Cents($180,000.00), dated April 22, 2004 B. A certain mortgage from the State of Florida Department of Children and Family Services (the"First Mortgagee")to Mortgagor recorded on June 24, 2008 at Book 2368 and Page 821 in the Official Records of Monroe County, Florida(the"First Mortgage") securing that certain promissory note having an original principal face amount of Ninety Two Thousand Dollars and Zero Cents ($92,000.00), dated May 30, 2008 (the"First Note"), made by Mortgagor and payable to First Mortgagee. This Mortgage is expressly made superior to the Land Use Restriction Agreement(LURA)given to Monroe County, FL(Mortgagee), recorded in the Official Records of Monroe County, Florida, on June 20, 2022, at Book 3180 and Page 1262. To the extent there is a conflict between the terms and conditions stated in the LURA and those in this Mortgage, this Mortgage shall prevail. Mortgagor hereby further covenants and agrees as follows: 1. Payment of Principal. Mortgagor shall pay when due the outstanding principal under the Note in accordance with the terms of the Note. 2. Term of Mortgage.The term of this Mortgage shall be fifteen(15)years from the date of execution of the Note. 3. Charges.Mortgagor shall pay, prior to becoming delinquent,all taxes,assessments and other charges,: fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any, when due, directly to the payee thereof. Mortgagor shall promptly furnish to Mortgagee receipts evidencing such payments. 4. Insurance. (a) Mortgagor shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term"extended coverage,"and any other hazards, including but not limited to floods, for which Mortgagee requires insurance. This insurance shall be maintained in the amounts(including deductible levels)and for the periods that Mortgagee requires. (b) The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Mortgagee's right to disapprove Mortgagor's choice, which right shall not be exercised unreasonably. All premiums on insurance policies shall be paid by Mortgagor,when due, directly to the insurance carrier. (c) All insurance policies required by Mortgagee and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Mortgagee as mortgagee and/or an additional loss payee. Mortgagee shall have the right to hold the policies and renewals thereof,and Mortgagor shall promptly furnish to Mortgagee all receipts of paid premiums. (d) In the event of loss, Mortgagor shall give prompt notice to the insurance carrier and the Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor. Unless Mortgagee and Mortgagor otherwise agree in writing, any insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired,the insurance proceeds shall be applied to the sums secured by this Mortgage with the excess, if any, paid to Mortgagor. (e) If Mortgagor abandons the Property, Mortgagee may file, negotiate, and settle any available insurance claim and related matters. If Mortgagor does not respond within thirty(30)days to a notice from Mortgagee that the insurance carrier has offered to settle a claim,then Mortgagee may settle the claim. In either event, Mortgagee is authorized to collect and apply the insurance proceeds at Mortgagee's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Page 2 of 9 I- LO LO (fl If, under Section 16 hereof, the Property is acquired by Mortgagee, all right, title, and interest of Mortgagor in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property, prior to the sale or acquisition shall pass to Mortgagee to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 5. Purpose of Mortgage. It is expressly agreed and understood that this Mortgage secures the indebtedness and the obligation of the Mortgagor with respect to the Loan, as the same is evidenced by the Note, and all renewals, extensions, and modifications thereof. This Mortgage shall not be deemed released, discharged, or satisfied until the entire indebtedness evidenced by the Note is satisfied in full. 6. Representations and Warranties. Mortgagor represents and warrants that: (a)there are no actions, suits, or proceedings pending or threatened against or affecting Mortgagor or any portion of the Property, or involving the validity or enforceability of this Mortgage or the priority of its lien, (b) Mortgagor is not in default under any other indebtedness or with respect to any order, writ, injunction, decree, judgment or demand of any court or any governmental authority;and(c)in connection with the Loan, Mortgagor has not made any material misrepresentations of fact relating to Mortgagor's income and eligibility for the Loan. 7. Primary Resident.As an inducement for Mortgagee to make the Loan, Mortgagor hereby agrees to and covenants that Mortgagor will be the primary manager of the Property during the entirety of the term of the Mortgage and Note. 8. Care of Property. (a) No building or other structure or improvement, fixture or personal property mortgaged hereby shall be removed or demolished without the prior written consent of Mortgagee. Mortgagor will not make, permit, or suffer any alteration or addition to any building or other structure or improvement now or which may hereafter be erected or installed upon the mortgaged property, or any part thereof, except the improvements, if any, required to be made with the proceeds of the Loan, nor will Mortgagor use, or permit or suffer the use of, any of the Property for any purpose other than the purpose or purposes for which the same is now used, without the prior written consent of Mortgagee. (b) Mortgagor will maintain the Property in good condition and state of repair and will not suffer or permit any waste to any part thereof, impairment, or deterioration of the Property, or make or permit to be made to the Property any alterations or additions that would have the effect of materially diminishing the value thereof or take or permit any action that will in any way increase any ordinary fire or other hazard arising out of the construction or operation thereof and will promptly comply with all of the requirements of federal, state, and local governments, or of any departments, divisions or bureaus thereof, pertaining to such property or any part thereof. If all or any part of the Property shall be damaged by fire or other casualty,the Mortgagor shall promptly restore the Property to the equivalent of its original condition regardless of whether or not there shall be any insurance proceeds therefore. If the Property or any part thereof is damaged by fire or any other cause, the Mortgagor shall give immediate written notice of same as soon as practicable to Mortgagee. If a part of the Property shall be physically damaged through condemnation, the Mortgagor shall promptly restore, repair, or alter the remaining property in a manner satisfactory to the Mortgagee.. Mortgagee's approval of such restorations, repairs, or alterations shall not be unreasonably withheld. 9. Transfer of the Property. No part of the Property or an interest therein shall be sold or transferred by Mortgagor without the written consent of Mortgagee. If Mortgagor sells or transfers any interest in the Property, the outstanding principal amount of the Note secured by this Mortgage shall become immediately due and payable. If the outstanding principal amount of the Note becomes due and payable, Mortgagee shall provide Mortgagor notice of acceleration, in accordance with Section 16 hereof. Mortgagor shall pay the sums declared due and payable within thirty(30)days after the date of the notice. If Mortgagor fails to timely pay such sums, Mortgagee may, without further notice or demand on Mortgagor, invoke any remedies permitted by Section 17 hereof. 10. Hazardous Substances.Mortgagor shall not use, generate, store, or dispose of Hazardous Materials on the Property. Mortgagor shall not do, nor allow anyone else to do, anything affecting the Property that is Page 3 of 9 00 1.0 1.0 in violation of any Environmental Laws. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Mortgagor shall promptly give Mortgagee written notice of any investigation, claim, demand, lawsuit, or other action, of which the Mortgagor has actual knowledge, by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Laws. If Mortgagor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Mortgagor shall promptly take all necessary remedial actions in accordance with Environmental Laws, and provide Mortgagor notice thereof. As used in this section, 'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Laws, including but not limited to the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this section, "Environmental Laws" means federal, state, and local laws of the jurisdiction where the Property is located that relate to health, safety, or environmental protection, including but not limited to the Federal Resource Conservation and Recovery Act and the Federal Comprehensive Environmental Response, Compensation and Liability Act. 11. Compliance with Laws. Mortgagor shall comply with all federal, state,and local laws applicable to the Loan and the Property, including all requirements of SHIP Rules and Regulations, and when applicable, the U.S. Department of Housing and Urban Development and 24 C.F.R. Part 570, as may be amended from time to time. 12. Protection of Mortgagee's Security. If Mortgagor fails to perform the covenants or agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Mortgagee's interest in the Property, including but not limited to eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy, Mortgagee, at Mortgagee's option, upon notice to Mortgagor, may make such appearances, disburse such sums and take such action as is necessary to protect Mortgagee's interest, including but not limited to disbursement of reasonable attorneys' fees and entry upon the Property to make repairs. 13. Inspection. Mortgagee may make or cause to be made reasonable entries upon and inspections of the Property, provided that Mortgagee shall give Mortgagor reasonable notice prior to any such inspection... 14. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Mortgagee. The proceeds referred to in this paragraph shall be applied to the sums secured by this Mortgage with the excess, if any, paid to Mortgagor. If the Property is abandoned by Mortgagor or, if after notice by Mortgagee to Mortgagor that the condemner offers to make an award or settle a claim for damages, Mortgagor fails to respond to Mortgagee within thirty (30) days after the date of such notice, Mortgagee is authorized to collect and apply the proceeds, at Mortgagee's option, either to restoration or repair of the Property,or to the sums secured by this Mortgage. 15. Event of Default.The term"Event of Default,'wherever used in this Mortgage, shall mean any one or more of the following events: (a) Failure by Mortgagor to duly keep, perform, and observe any other covenant, condition, or agreement in the Note or this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, for a period of ten(10)days after Mortgagor gives written notice specifying the breach. (b) If Mortgagor or any endorser or guarantor of the Note shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy Act or any other present or future applicable federal, state, or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver, or liquidator of the Mortgage for all or any of the properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after Page 4 of 9 0) LO LO commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization,arrangement,composition,readjustment, liquidation,dissolution,debtor relief,or similar relief under any present or future federal,state,or other statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if within the thirty (30) days after appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note,of any trustee,receiver,or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Property, such appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay, such appointment shall not have been vacated. (c) The entry by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes,assessments, levies, liabilities,obligations or encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby for any purpose or the manner of collection of any such taxes, so as to effect adversely this Mortgage or the debt secured hereby unless Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (d) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty(30)days after the service of foreclosure proceedings on Mortgagor. (e) Any default under any mortgage that is superior or inferior to the Mortgage. Mortgagor shall have the affirmative obligation to immediately notify Mortgage in writing of the occurrence or existence of any such default. (f) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note or this Mortgage, or the SHIP Rental Monitoring Agreement, related to the funding assistance provided. (g) Any action prohibited herein; and any actions prohibited in the SHIP Rental Monitoring Agreement between the Mortgagor and Mortgagee. (h) The transfer of the Property. (i) The lease of the Property to a third party that is not consistent with the requirements of the SHIP Rental Monitoring Agreement between the Mortgagor and Mortgagee. Q) The abandonment or vacation of the Property by Mortgagor whereby said Mortgagor ceases to occupy and manage the Property. 16. Acceleration; Remedies. Upon the occurrence of an Event of Default, Mortgagee, prior to acceleration, shall mail notice to Mortgagor as provided in Section 20 hereof specifying: (1) the Event of Default; (2)the action required to cure such Event of Default; (3)a date, not less than thirty(30)days after the date the notice is received by Mortgagor, by which such Event of Default must be cured to the satisfaction of Mortgagee; and(4)that failure to cure such Event of Default on or before the date specified in the notice may result in any action in law or equity, as Mortgagee determines to be most effectual to enforce Mortgagor's obligations, including an action for specific performance, acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Mortgagor of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of an Event of Default or any other defense of Mortgagor to acceleration and foreclosure. If the Event of Default is not cured on or before the date specified in the notice, Mortgagee at its option may require immediate payment in full of all sums secured by this Mortgage without further demand and may foreclose this Mortgage by judicial proceeding, Mortgagee shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, including but not limited to reasonable attorneys'fees and costs of title evidence. Page 5 of 0 W L0 17. Remedies Cumulative.All remedies provided in this Mortgage are separate, distinct, and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently, or successively. No act of Mortgagee shall be construed as an election to proceed under any provision or covenant herein to the exclusion of any other, notwithstanding anything herein to the contrary. 18. Mortgagor's Right to Reinstate. Notwithstanding the Mortgagee's right to acceleration of the sums secured by this Mortgage, Mortgagor shall have the right to have any proceedings initiated by Mortgagee to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if; (a)Mortgagor pays Mortgagee all sums which would be then due under this Mortgage had no acceleration occurred; (b) Mortgagor cures all breaches of this Mortgage; (c) Mortgagor pays all reasonable expenses incurred by Mortgagee in enforcing the covenants and agreements of Mortgagor contained in this Mortgage; including but not limited to reasonable attorneys' fees; and (d) Mortgagor takes such action as Mortgagee may reasonably require to assure that the lien secured by this Mortgage, Mortgagee's interest in the Property and Mortgagor's obligation to pay the sums secured by this Mortgage shall remain in full force and effect as if no acceleration had occurred. Upon such payment and cure by Mortgagor, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Recordation.This Mortgage and the Note shall be recorded in the Official Records of Monroe County, Florida, by the Mortgagee at the expense of Mortgagor. 20. Notice. Except for any notice required under applicable law to be given in another manner, any notice to Mortgagor or Mortgagee provided for in this Mortgage shall be given by mailing such notice by certified mail, return receipt requested, addressed to the party for whom it is intended at such party's respective address set forth above in the introductory paragraph to this Mortgage. 21. Governing Law.This Mortgage shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Mortgage shall be in the state courts of the Sixteenth Judicial Circuit in and for Monroe County, Florida. If any claim arising from, related to, or in connection with this Mortgage must be litigated in federal court,the exclusive venue shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida.All meetings to resolve said dispute,including voluntary arbitration, mediation, or other alternative dispute resolution mechanism,will take place in this venue.The parties both waive any defense that the venue in Monroe County is not convenient. BY ENTERING INTO THIS MORTGAGE,MORTGAGOR AND MORTGAGEE HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS MORTGAGE. 22. Attorneys' Fees and Costs. As used in this Mortgage and in the Note, "attorney's fees" shall include those fees and costs, if any,which may be awarded by a trial or appellate court. 23. Jointly and Severally Bound. Mortgagor and others who may become liable for all or any part of the obligations under this Mortgage, hereby agree to be jointly and severally bound by this Mortgage and jointly and severally waive demand, protest, notice of nonpayment, and any and all lack of diligence or delays in collection or enforcement hereof, and specifically consent to any extension of time, release of any party liable for this obligation, including any maker, or acceptance of other security therefor.Any such extension or release may be made without notice to said party and without in any way affecting the liability of such party. 24. No Waiver; Mortgagor Not Released. It is expressly agreed and understood that a waiver by Mortgagee(which waiver shall only be valid if given in writing)of any right or rights conferred to it hereunder with regard to any one transaction or occurrence shall not be deemed a waiver of such right or rights to any subsequent transaction or occurrence. It is further agreed that any forbearance or delay by Mortgagee in enforcement of any right or remedy hereunder shall not constitute or be deemed a waiver of such right or remedy. The procurement of insurance or the payment of taxes or ether liens or charges by Mortgagee Page 6 of 9 cfl L0 shall not be a waiver of Mortgagee's right to accelerate the maturity of the indebtedness secured by this Mortgage. An extension of time for payment or a modification of the amortization of the sums secured by this Mortgage granted by Mortgagee to Mortgagor or any successor in interest of Mortgagor shall not operate to release, in any manner,the liability of Mortgagor or Mortgagor's successor in interest.Mortgagee shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the amortization of the sums secured by this Mortgage by reason of any demand made by the Mortgagor or Mortgagor's successor in interest. 25. Severablllty. If any provision, or part thereof,contained in this Mortgage is,for any reason, held to be invalid, illegal, unenforceable in any respect, or in conflict with applicable law, such invalidity, illegality, unenforceability, or conflict shall not affect any other provision(or remaining part of the affected provision) of this Mortgage,but this Mortgage shall be construed as if such invalid,illegal, unenforceable,or conflicting provision (or part thereof) had never been contained herein, but only to the extent it is invalid, illegal, unenforceable, or in conflict with applicable law. 26. Captions.The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 27. Further Assurances. Mortgagor shall cooperate with Mortgagee to modify and re-record this Mortgage and/or the Note to the extent modification is required(i)to correct any defect or error in the Mortgage and/or Note, or(ii)for compliance with applicable federal, state,or local law. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.I Page 7 of N W L0 IN WITNESS WHEREOF, MORTGAGOR, has executed this Mortgage- TSS: MORTGAGOR: The Most Reverend Thomas G. Wenski.as Archbishop of the Archdiocese of Maimi. si nia for himself and his rgyqM3ors in office, a co ration sole. doin business through Catholic Cha_ies_ f_the_Archdiocese_of_MiamL6 i, In iy �,��i_N!ot for�IroNfl, .. Sign Name w Print Name: Address: i {Print or Type Name} Sign Name:)& Print Name: Address: AL iIk "m, FL 33 j STATE OF FLORIDA ) ti S : COUNTY The foregoing instrument was acknowledg d before me, by means of' physical presence or 0 online notarization, this day of 20 by The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sole (and owner of the subject Property), doing business through the Florida Non-Profit Corporation registered as Catholic Charities of the Archdiocese of Miami, Inc., as President, who is rsonalE known to me or who has produced as identification. ,..... [Notary Seal Nota� publk LState of Florida "r a 4j Notary Print�Name) : 6 w C rmiSSion r HH 342576 Notary Public MY Comm.E>tpiresFeb 1D,2027 Commission Number: i�4k 'd_ bonded the h National Notary ASSn. p Commission Expires: t 1 Page 8 of tG L0 "Attachment A" To MoElgage to Se-.ure Loan for SHIP Actiy& Legal Description: "PARCEL C" On the Island of Key West and more particularly described as follows: Commencing at the intersection of the Southerly right of way line of Flagler Avenue and the Westerly right of way line (curb line) of Roosevelt Boulevard, in Key West, Florida, bear South 68*4549' West along the Southerly right of way line of Flagler Avenue for a distance of 7282.40 feet to a point, said point in the Northwesterly comer of the lands described in Official Records Book 19 at Page 275 of the Public Records of Monroe County, Florida; thence S21'14'20"E along the Southwesterly boundary line of the said lands described in Official Records Book 19, at Page 275 of the Public Records of Monroe County, Florida, for a distance of 158.10 feet to a point; thence N68*45'40"E for a distance of 13,00 feet to the Point of Beginning of the parcel of land herein fer described; thence continue N68046'40"E for a distance of 146-50 feet to a point;thence S21*14'29'E for a distance of 48.00 feet to a point;thence S68*45'40'W for a distance of 146,50 feet to a point;thence N2191479W for a distance of 48.00 feet back to the Point of Beginning.Said parcel of land contains 7,032.00 Square Feet,more or less. Parcel Identification Number 00065090-000000 General Street Address:2700 Flager Ave., Key West, FL 33040 Post-Construction Mailing Address:2720 Flager Ave., Units I through 10, Key West,FL 33040 J 4- NJ f1t,t"��` 6 11 � ,ua `PARCEL B" 7 % & M, LeArIS Page 9 of 9 Assistant Colamy Attomey i),jtc, 2/4/25 dq to LO EXHIBIT A TO MORTGAGE SHIP PROMISSORY NOTE FOR AFFORDABLE RENTAL CONSTRUCTION I REHABILITATION PROGRAM Forgivable Loan $400,000.00 November. 5 ,2024 FOR VALUE RECEIVED,the undersigned The Most Reverend Thomas G.Wenski.as Archbishoo of the Archdiocese of Maim!, his successors in office, a corporation sole,doina business through Catholic Charitie$9f Shq A&bdigosggf Miami_ Inc..a Florida Not for Profit Corporation, ("Maker"),whose address is 1505 NE 26 Street,2nd Floor,Wilton Manors, FL 33305, promises to pay to the order of MONROE COUNTY, a political subdivision of the State of Florida('Holder"),whose address is 1100 Simonton Street, Key West, Florida 33040,or such other location or address as Holder may from time to time designate in writing,the principal sum of FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($400.000.00) ("Loan")to be paid in lawful U.S.currency. 1. The real property("Property")securing this Loan is legally described as set forth in Attachment A,attached hereto and incorporated herein.This SHIP Promissory Note("Note")is secured by a SHIP Mortgage to Secure Loan('Mortgage')of even date herewith executed in favor of Holder, and recorded simultaneously therewith in the Official Records of Monroe County, Florida,encumbering the Property,subject to no exoeptions. 2. Holder is a recipient of State Housing Initiatives Partnership Program ('SHIP') grant funds from the State of Florida pursuant to Section 420.9072 et seq., Fla.Stat.,as may be amended from time to time. 3. The Loan provided under this Note is a zero percent (0%) interest rate, deferred payment, forgivable loan. Upon expiration of the term of the Mortgage securing this Note,which date is the fifteenth(15th)anniversary of the execution of this Note,the Mortgage shall be deemed satisfied.Upon request of Maker,Holder shall execute a Satisfaction of Mortgage,and the outstanding principal amount of this Note shall be forgiven. If, however, Maker sells or transfers title to the Property used to secure this Note prior to the full term of the Loan,or fails to comply with any terms and conditions of the Mortgage or this Note, the outstanding principal amount of this Note shall immediately become due and payable to Holder. 4. If this Note is reduced to judgment,such judgment shall bear the statutory interest rate on judgments. 5. This Note may be prepaid in whole or in part at any time,without penalty or premium.Any prepayment hereunder shall be applied first to unpaid costs of collection, servicing fees, and late charges, if any, then to accrued, deferred, and unpaid interest,and the balance,if any,to the principal balance. 6. In the event of a default by Maker of any term or condition of this Note,and if the same is enforced by an attorney at law, Maker hereby agree(s) to pay all costs of collection, including reasonable attorneys' fees. Notwithstanding any of the preceding provisions, Holder shall be entitled to collect a late fee on any principal amount due and payable by Maker, in such amount as may have been adopted by resolution of the Monroe County Board of County Commissioners at the time of the execution of this Note. 7. Except for any notice required under applicable law to be given in another manner,all notices under this Promissory Note shall be provided as specified in Section 20 of the Mortgage. 8. No delay or omission on the part of Holder in the exercise of any right hereunder shall operate as a waiver of such right or of any other right under this Note. No waiver of any of Holders rights under this Note shall be binding upon Holder unless Holder approves such waiver in writing.A waiver by Holder of any right or remedy conferred to It hereunder on any one occasion shall not be construed as a bar to,or waiver of,any such right or remedy as to any future occasion. 9. This Note shall be interpreted and construed in accordance with and govemed by the laws of the state of Florida.The exclusive venue for any lawsuit arising from,related to,or in connection with this Note shall be in the state courts of the Sixteenth Judicial Circuit in and for Monroe County, Florida. If any claim arising from, related to, or in connection with this Note must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida.BY ENTERING INTO THIS PROMISSORY NOTE,MAKER AND HOLDER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS NOTE. 10. In the event that any provision of this Note is held to be unenforceable under the law,all remaining provisions of this Note shall be binding,valid,and enforceable. Page 1 of 3 L0 W L0 IN WITNESS WHEREOF.MAKER, has executed this Note. WITNESSES: MAKER-The tost Reverend Thomas G. ana i as Archbishop of the fthdiocese of_ aims.__signing_for_him§elf and his sw=61QE& in gfka. a comgration sole, doing business through Catholic Charities of the A[chdigoggf i i Inc. a Fri Noi f r Profit o ra° n Sign Name: La " i By _.... �sfP.a'ih.. Print Name: nc Sign Name: (Print or Type Name) Print Name: STATE OF FLORIDA ) SS: COUNTY OF ) The foregoing instrument was a knowledged before me, by means of MJ physical presence or❑ online notarization, this day of 20 by The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sale(and owner of the subject Property), doing business through the Florida Non-Profit Corporation registered as Catholic Charities of the Archdiocese of Miami, Inc., as President, who is p2.rsonall known to or who has produced -' as identification, [Notary Seal] tisr MAYRA NfULINSt,1:IISSEFl Print N oil( I Na[ommissWY liic YNN-State of daVClmmissOn.17 Notary l Number'M1.. ay Comm.Expires Fe027 Commission Expires:Banded through National Nssn. Page 2of3 cfl cfl L0 "ATTACHMENT All TO SHIP PROMISSORY NOTE Legal Description: "PARCEL C" On the Island of Key West and more particularly described as follows; Commencing at the intersection of the Southerly right of way line of Flagler Avenue and the Westerly right of way line (curb line) of Roosevelt Boulevard, in Key West, Florida, bear South 68045'40"West along the Southerly right of way line of Flagler Avenue for a distance of 7282.40 feet to a point,said point being the Northwesterly comer of the lands described in Official Records Book 19 at Page 275 of the Public Records of Monroe County, Florida;thence 821*14200E along the Southwesterly boundary line of the said lands described in Official Records Book 19,at Page 276 of the Public Records of Monroe County,Florida,for a distance of 158.10 feet to a point;thence N68'4640"E for a distance of 13-00 feet to the Point of Beginning of the parcel of land hereinafter described;thence continue N68*45'40"E for a distance of 146 50 feet to a point;thence S21161420T for a distance of 48,00 feet to a point; thence S68'45'40"W for a distance of 146-50 feet to a point;thence N21*14'20'W for a distance of 48,,00 feet back to the Point of Beginning, Said parcel of land contains 7,032,00 Square Feet,more or less. Parcel Identification Number:00065090-000000 General Street Address.2700 Flager Ave., Key West, FL 33040 Post-Construction Mailing Address, 2720 Flager Ave., Units 1 through 10, Key West, FL 33040 W. _=J M yW J pin "PARCEL EY OP M, Lewis Page 3 of 3 Assistant ColunLy Atu,'Pmey i),jtc, 2/4/25 Prepared by and Return to: C,..# 1794640 06122/2010 1:19PM - Records Filed & Recorde in Offc . I Patrick Fitzgerald,Esq. r,',ONROE COUNTYd DANNYi Liai KOLHAGE of J.Patrick Fitzgerald&Associates,P.A. I 10 Merrick Way,Suite 3-13 Coral Gables,FL 33134 Cloc# 1794640 W1 '2471 P9# 966 AFFIDAVIT OF ARCHBISHOP'S SUCCESSION STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE Before me, the undersigned authority.personally appeared The Ni 'lost Reverend Thomas G. Wep,,k-' who being duly sworn according to law, deposes and says as follows: 1. that on June 1,2010,1 was installed as the Archbishop of the Archdiocese of Miami,succeeding The Most Reverend John C. Favalora. 2. that effective June 1, 2010, 1 am the Metropolitan Archbishop of the Archdiocese of Miami which embraces the counties of Miami-Dade, Broward and Monroe in the State of Florida. 3. that pursuant to the Canon Law of the Roman Catholic Church, I have all rights of succession to The Most Reverend John C. Favalora. 4. that under the doctrine of corporation sole,the title to all property in the Archdiocese of Miami, which encompasses the counties of Miami-Dade,Broward and Monroe,was held by The Most Reverend John C. Favalora, as Archbishop of the Archdiocese of Miami, his successors in office, a corporation sole, as of December 20, 1994 through April 20, 2010, and as the Apostolic Administrator from April 20, 2010 through June 1, 2010. 5. that under the doctrine of corporation sole,the title to all property in the Archdiocese of Miami, which encompasses the counties of Mianii-Dade, Broward and Monroe, is held by The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Miami, his successors in office. a corporation sole, as of June 1, 2010. 6. That under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete. FURTHER AFFIANT SAYETH NOT. 4_The Most Reverend Thomas G. Wenski The foregoing instrument was acknowledge before me this of June, 2010, by The Most Reverend Thomas G. Wenski. (Check One) VIH'ei's personally known to me or ]He has produced as identification. ........... H. oPHERSON PIONROE COUNTY OFFICIAL RECORDS mm#DD067885 I 7111 TARY PUBLI -S A RlbyAres 5/28/2011 P t,type or stamp Notary na e eh aDPJr6Wy'Ina ..... ... ... ..... .. 0 ....... JPF eg 6 273,7PF-ARCHBISHOP-WENSKI-SUCCESSION-AFFIDAVIT 567 GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: June 20, 2022 TO: Marie Brouillette, Sr. Special Programs Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: May 18th BOCC Meeting Attached is a copy of the following item for your records: D18 Land Use Restriction Agreement for the State Housing Initiatives Partnership Program for the purpose of guaranteeing a 15-year affordability period for the property referenced at 2700 Flagler Avenue, Key West, FL 33040, Units 1 - 10, otherwise known as "Catholic Charities". Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 568 Doc#2380719 Bk#3180 Pg#1262 Recorded 6l20/2022 4:22 PIVf Page 1 of 10 Filed and Recorded in Official Records of MONROE COUNTY KEVL i MADOK,CPA MONROE COUNTY STATE HOUSING INITIATIVES PARTNERHIP PROGRAM (SHIP) LAND USE RESTRICTION AGREEMENT (LURA) CATHOLIC CHARITIES This LAND USE RESTRICTION AGREEMENT (LURA) (hereinafter called the "Agreement") is made and entered into as of this —day of y 2022 between Catholic Charities of the Archdiocese of Miami, Inc., and (hereinafter c lled the "Owner") and MONROE COUNTY, a political subdivision of the State of Florida (hereinafter called the "County"). WITNESETH WHEREAS, the County approved funding for Catholic Charities of the Archdiocese of Miami, Inc., through the County's State Housing Initiatives Partnership Program (SHIP) for the development of ten (10) affordable rental units in the City of Key West, Florida, at: 2700 Flagler Avenue, in Monroe County, Florida, in the City of Key West, and the legal description is as follows: On the Island of Key West and more particularly described as follows: Commencing at the intersection of the Southerly right of way line of Flagler Avenue and the Westerly right of way line(curb line)of Roosevelt Boulevard, in Key West, Florida,bear South 68°4540"West along the Southerly right of way line of Flagler Avenue for a distance of 7282.40 feet to a point,said point being the Northwesterly corner of the lands described in Official Records Book 19 at Page 275 of the Public Records of Monroe County, Florida; thence S21°14'20"E along the Southwesterly boundary line of the said lands described in Official Records Book 19, at Page 275 of the Public Records of Monroe County, Florida,for a distance of 158.10 feet to a point;thence N68°45'40"E for a distance of 13.00 feet to the Point of Beginning of the parcel of land hereinafter described; thence continue N68°45'40"E for a distance of 146.50 feet to a point; thence S21°14'20"E for a distance of 48.00 feet to a point; thence S68°45'40"W for a distance of 146.50 feet to a point;thence N21°14'20"W for a distance of 48.00 feet back to the Point of Beginning.Said parcel of land contains 7,032.00 Square Feet, more or less Property Address: 2700 Flagler Avenue, Key West, FL 33040 Units l through 10 WHEREAS, the County has agreed to issue a deferred forgivable loan using SHIP funds to provide financing for preservation of affordable rental housing for very low and low-income persons located at 2700 Flagler Avenue, Key West, Florida, 33040, in Monroe County, Florida, to be occupied by eligible persons as described Article 1.1 of this Agreement. WHEREAS, in addition to any other requirements the County may impose incident to its mortgage, the Owner has agreed that all housing units shall be leased, rented, or made available on a continuous basis for rental to very low and low-income persons as described in Article 1.2 of the Agreement. WHEREAS, this Land Use Restriction Agreement is intended to ensure that the property be used in accordance with the SHIP program. w 569 NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the Owner do hereby contract and agree as follows: AGREEMENT ARTICLE I. RENTAL HOUSING RESTRICTIONS 1.1 Occupancy One hundred percent(100%) of the housing units must be set-aside for occupants who upon initial occupancy must have annual gross incomes equal to or below eighty percent (80%) for the Monroe County, Metropolitan Statistical Area (MSA), as determined by the US Department of Housing and Urban Development(HUD) on an annual basis. 1.2 Income/Eligibility The Owner shall determine and verify the income eligibility of tenants in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5 for the Project. Income shall be calculated by annualizing verified sources of income for the household as the amount of income to be received by a household, during the 12 months following the effective date of the determination. The Annual Gross Income, as defined in Section 420.9071(4), F.S., must be used, and the annual SHIP Program income limits cannot be exceeded. The Owner shall maintain complete and accurate income records pertaining to each tenant occupying a SHIP assisted unit. Onsite inspection will be conducted annually upon reasonable prior written notice to verify compliance with tenant income, rents, and the minimum property standards as stated in Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code, as they may be amended from time to time. 1.3 SHIP Affordability All housing units are subject to affordability limits established for SHIP assisted rental units on an annual basis. 1.4 Long-term Affordability The SHIP funds are subject to recapture during the 15-year affordability period if the property is sold, transferred, etc. The County shall have one hundred and twenty (120) days from the date of receipt of notification of intent to sell by the Owner,to identify an eligible entity willing to maintain affordability. If the property is offered for sale prior to the end of the 15-year affordability period,the Property shall be subject to the right of first refusal for purchase at the current market value, minus the grant award, thus terminating the Land Use Restriction Agreement(LURA) with reimbursement to the Monroe County SHIP award program. 1.5 Housing Standards Rental Units assisted with SHIP funds shall be maintained in compliance with local building code requirements for the duration of the affordability period. The Owner shall 570 cooperate with the County by allowing on-site inspection of SHIP assisted units for compliance with local code requirements. ARTICLE H. CONSIDERATION The County will authorize and issue a deferred forgivable loan to the Owner as an inducement to the Owner to operate the ten (10) Catholic Charities units for the benefit of low-income households whose incomes are equal to or less than eighty (80%) percent of median annual gross income for the Monroe County, Metropolitan Statistical Area (MSA), as determined by the US Department of Housing and Urban Development (HUD) on an annual basis, for a period of fifteen (15) years following completion of the Project. Inconsideration of the issuance of the loan by the County for the foregoing purposes, the County and Owner have entered into this Agreement. ARTICLE III. RELIANCE In performing its duties hereunder, the County may rely upon statements and certifications of the Owner, believed to be genuine and to have been executed by the proper person or persons, and upon audits of the books and records of the Owner pertaining to occupancy of the Project. In addition, the Florida Housing Finance Corporation may consult with counsel, and the opinion of such counsel shall be full and complete authorization and protection with respect to any action taken or suffered by the County in good faith and in conformity with the opinion of such counsel. The Owner may rely upon certification of low-income households reasonably believed to be genuine and to have been executed by the proper person or persons. ARTICLE IV. TERM This Agreement shall become effective upon its execution and shall remain in full force and effect for a period of fifteen(15) years from the date of the completion of the construction of the Project as confirmed by final inspection by the building department and/or issuance of a final certification of occupancy. ARTICLE V. INSURANCE The Owner shall insure the Project for the full replacement cost for the duration of the Land Use Restriction Agreement. Any such policy must be issued by a company acceptable to the County, include the County as an additional insured and provide for at least thirty (30) days' notice prior to cancellation. ARTICLE VI. DAMAGE,DESTRUCTION OF THE PROJECT Subject to the superior rights of the holder of any first mortgage, in the event that the Project is damaged or destroyed, the Owner shall deposit with the County any insurance proceeds and shall promptly commence to rebuild,replace,repair or restore the Project in such manner as is consistent with the Loan Documents. The County shall make any such insurance proceeds available to provide funds for such restoration work. In the event the Owner fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project after notice from the County, the County shall have the right, in addition to any other remedies granted in the Loan Documents or at law or in equity, to repair, restore, rebuild or replace the Project so as to prevent the occurrence of a default hereunder. 4571 ARTICLE VII. SALE, TRANSFER OR REFINANCING OF THE PROJECT OR DISSOLUTION OF CORPORATION The loan for the Project hereunder as to both principal and interest if applicable, shall be assumable upon project sale, transfer, or refinancing or dissolution of the Owner's Corporation if the proposed Owner of the Project is an eligible nonprofit organization (approved by the County) and agrees to maintain all set asides and other requirements of the SHIP Loan Documents for the balance of the term of the initial affordability period. In the event the above-stated conditions are not met, the loan for the Project hereunder, as to both principal and interest if applicable, shall be due in full upon the sale or transfer of the Project. Notwithstanding, payment of principal and interest in full, these restrictions shall remain in full force and effect for the term of this Agreement. ARTICLE VIII. ENFORCEMENT/DEFAULT The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the Mortgage, whether or not the Project loan may be paid in full,and whether or not any bonds issued for the purpose of providing funds for the project are outstanding. The Owner warrants that it has not, and will not, execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. If the Owner defaults in the performance of its obligations under this Agreement or breaches any covenant,agreement,or warranty of the Owner set forth in this Agreement, and if such default remains uncured for a period of thirty(30) days after notice thereof has been given by the County to the Owner (or for an extended period approved by the County if such default stated in such notice can be corrected, but not within such thirty (30) day period, and if the Owner commences such correction within such thirty (30) day period, and thereafter diligently pursues the same to completion within such extended period),then the County may take any lawful action,whether for specific performance of any covenant in this Agreement or such other remedy as may be deemed most effective by the County to enforce the obligations of the Owner with respect to the Project. If a default by the Owner under this Agreement is not timely cured, the County may institute foreclosure proceedings against the Project, but only as provided in the Mortgage. Notwithstanding any of the foregoing, the County will have the right to seek specific performance of any of the covenants and requirements of this Agreement. ARTICLE IX. RECORDING AND FILING Upon execution and delivery by the parties hereto, the County shall cause this agreement and all amendments and supplements hereto to be recorded and filed in the official public records of Monroe County, Florida. ARTICLE X. COVENANTS TO RUN WITH THE LAND This Agreement and the covenants contained herein shall run with the land, shall bind, and the benefits shall inure to, respectively, the Owner and the County and their respective successors and assigns during the Term of this Agreement. 572 ARTICLE XI. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and it's agreed jurisdiction shall be Monroe County, Florida with respect to both substantive rights, with respect to procedures and remedies and any litigation. ARTICLE XII. ATTORNEY'S FEES AND COSTS In the event of any legal action to enforce the terms of this Agreement, each party shall bear its own attorney's fees and costs. ARTICLE XIII. NOTICE AND EFFECT Any notice required to be given hereunder shall be given by personal delivery, by registered mail, or by registered expedited service at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery, or expedited delivery service, or upon actual receipt if sent by registered mail. FOR THE OWNER The Most Rev. Thomas G. Wenski ` 1 23 Archbishop of the Archdiocese of Miami, His Successors in Office 9401 Biscayne Boulevard, Miami Shores, FL 33138 1�YMfy ' YMk ATTES BOARD OF COUNTY COMMISSIONERS OF KEVIN MADOK, CPA, CLERK MONROE COUNTY, FLORIDA By: (SEAL) ( 2 627 Date Approved as to form and legality: Digitally signed by James D. James D. Molenaar Molenaar Date:2022.04.05 11.45:30-04'00' MONK®E C A1TOR James D. Molenaar, Assistant County Attorney AT. p0 Date: BE B. HiCLi�aC���:,JR LINTY AT r N Y 573 0 ATE CERTIFICATE OF PROPERTY INSURANCE D04/15/2022Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER CONTACT NAME: Aon Risk Services, Inc Of Florida PHONE FAX 1001 Bri ckel l Bay Drive (A/C.No.Exl): (866) 263-7122 (A/C.No.): (800) 363-0105 Suite 1100 E-MAIL {. Miami FL 33131 USA ADDRESS' PRODUCER 570000065443 CUSTOMER ID M L, INSURER(S)AFFORDING COVERAGE NAIC# 'p INSURED INSURER A: Underwriters At Lloyds London 15792 c. 67 Catholic charities INSURER B: ti 0 1505 NE 26th Street INSURERC: Wilton Manors FL 33305 USA INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570092553387 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Proof of Insurance for the following: 2700 Flagler Avenue, Key West, FL 33040 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 00 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rn Ln INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS N LTR DATE(MWDD/YYYY) DATE(MM/DDIYYYY) rn A X PROPERTY see Attac a 04 Ol 2022 04 Ol/2023 BUILDING O n CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY BASIC BUILDING X BUSINESS INCOME Included BROAD X EXTRA EXPENSE $500,000 LUU CONTENTS Cal RENTALVALUE SPECIAL BLANKET BUILDING Z EARTHQUAKE W WIND BLANKET PERS PROP Q X BLANKET BLDG&PP Included U FLOOD lL X ALL RISK-Subject to Exclusions X Loss limit $1,000,000 cc W Blkt B&PP Ded X Course of Construction $250,000 () INLAND MARINE TYPE OF POLICY CAUSES OF LOSS POLICY NUMBER NAMED PERILS t CRIME TYPE OF POLICY RY' 0. r. `17 2 0 2 BOILER&MACHINERY/ WA . EQUIPMENT BREAKDOWN �r SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is listed as Loss Payee. A% CERTIFICATE HOLDER CANCELLATION r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe COUnty, a political sub-division of the State of Florida, '�.�w�l [j�j�1100 Simonton St AUTHORIZED REPRESENTATIVE f c %L- ,Ve,& GYQ fm Key West, FL 33040 ©1995-2015 ACORD CORPORATION.All rights reserved. ACORD 24(2016/03) The ACORD name and logo are registered marks of ACORD 574 AGENCY CUSTOMER ID: 570000065443 LOC#: '4 ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services, Inc of Florida POLICY NUMBER Catholic Charities see Certificate Number: CARRIER NAIC CODE See Certificate Number: EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance schedule of Quota share Policies Policy Period 04/01/2022 to 04/01/2023 Policy NO: PTNAM2208078 Participation: 10.625% p/o $1M issuing Company: Lloyd's syndicate HIS 0033 Lead Policy No: B22RO299699M Participation: 5.00% p/o $1M Issuing Company: Fidelis Insurance Bermuda Limited Policy NO: PTNAM2208076 Participation: 6.25 % p/o $1M Issuing Company: Lloyd's syndicate CIN 0318 Lead Policy NO: PTNAM2208119 Participation: 3.75% p/o $1M Issuing Company: Lloyd's syndicate HDU 0382 Lead As respects certificates of insurance; we authorize Aon Risk services (ARS) to generate and distribute certificates in an administrative capacity as evidence of insurance where required by clients of the insured. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 575 AGENCY CUSTOMER ID: 570000065443 -�1 ® LOC#: A�® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services, inc of Florida POLICY NUMBER Catholic Charities See Certificate Number: 570092553387 CARRIER NAIC CODE see Certificate Number: 570092553387 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance Addendum Policy Period 04/01/2022 to 04/01/2023 Policy NO: PTNAM2208078 Participation: 10.625% p/o $1M Issuing company: Lloyd's syndicate HIS 0033 Lead Policy No: B22RO299699M * Participation: 5.00% p/o $1M Issuing Company: Fidelis insurance Bermuda Limited Policy No: PTNAM2208076 Participation: 6.25 % p/o $1M Issuing Company: Lloyd's Syndicate CIN 0318 Lead Policy NO: PTNAM2208119 Participation: 3.75% p/o $1M Issuing Company: Lloyd's syndicate HDU 0382 Lead As respects certificates of insurance; we authorize Aon Risk services (ARS) to generate and distribute certificates in an administrative capacity as evidence of insurance where required by clients of the insured. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 576 DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 04/15/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this �O1T certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive (A/CNNo.Ext): (866) 283-7122 A//C.No.): (800) 363-0105 Suite 1100 E-MAIL Miami FL 33131 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Underwriters At Lloyds London 15792 Catholic Charities INSURERS: Safety National Casualty Corp 15105 1505 NE 26th Street Wilton Manors FL 33305 USA INSURERC: Fortegra Specialty Insurance Company 16823 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570092553948 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY Y LIMITS A X COMMERCIAL GENERAL LIABILITY BP 74 2 MM/DDlYYYEACH OCCURRENCE $2,250,000 CLAIMS-MADE x❑OCCUR SIR applies per policy terns & condi ions AM $2,250,000 PREMISES Ea occurrence X SIR$250,000 IVIED EXP(Any one person) Excluded X Mad Pay Part of SIR PERSONAL&ADV INJURY $2,250,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,250,000 X POLICY ❑PRO ❑LOG PRODUCTS-COMP/OP AGG $2,250,000 JECT OTHER: Agg.All Coverages $2,250,000 A AUTOMOBILE LIABILITY BP1027422 04/01/2022 04/01/2023 COMBINED SINGLE LIMIT $2,250,000 SIR applies per policy terns & condi ions Ea accident X ANY AUTO BODILY INJURY(Per person) C Z OWNED SCHEDULED BODILY INJURY(Per accident) tv AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE tt1 ONLY AUTOS ONLY Per accident rV Self-lnsured Retention $250,000 r `m UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION C WORKERS COMPENSATION AND ABL100004301 04/01/2022 04/01/2023 PER STATUTE OTH- EMPLOYERS'LIABILITY Y/N Retention $300,000 Ea. Oc X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $450,000 OFFICER/MEMBER EXCLUDED? N/A SIR applies per policy terns & COndl lOnS (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $450,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $450,000— B Excess WC SP4066453 04/01/2022 04/01/2023 EL Max. Per Occ. $1,000,000 Excess Work CEx WC Statut SIR Per Occ. $750,000= SIR applies per policy ter Its & conditions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: 2700 Flagler Avenue, Key West, FL 33040. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. BY-: DA CERTIFICATE HOLDER CANCELLATIONAIM. AR SHOULD ANY OF ..IE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. H� d� Monroe County, a i ti cal AUTHORIZED REPRESENTATIVE sub-division of the State of Florida, 1100 Simonton St Key West, FL 33040 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 577 AGENCY CUSTOMER ID: 570000065443 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services, Inc of Florida Catholic charities POLICY NUMBER see Certificate Number: CARRIER NAIC CODE See Certificate Number: EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICY NUhIBER LIMITS LTR TYPE OF INSURANCE INSD W VD EFFECTIVE EXPIRATION DATE DATE (MNUDD/YYYY) (Mbl/DDNYYY) OTHER A E&O-MPL-Primary BP1027422 04/01/2022 04/01/2023 Each Claim $750,000 claims Made SIR applies per policy to ms & condit ons Aggregate $750,000 Self Insured $250,000 Retention ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 578 A�-URO� D.TE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/03/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain w� p y, policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 'a NAME: Aon Risk Services, Inc Of Florida PHONE O FAX 701 Brickell Avenue (A/C.No.Ext): (866) 283-7122 (A/C.No.): (800) 363-0105 'a Suite 3200 E-MAIL 2 Miami FL 33131 USA ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Lloyds Syndicate No. 2987 AA1128987 Catholic charities of The Archdiocese INSURERB: Safety National Casualty Corp 15105 of Miami 1505 NE 26th Street INSURERC: Fortegra Specialty Insurance Company 16823 Wilton Manors FL 33305 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570110741184 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as re uested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (POLICY (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY PK1027424 04 01 2024 04 01 2025 EACHOCCURRENCE $2,250,000 SIR applies per policy terns & condi ions PREMISES(Ea occurrence) CLAIMS-MADE OCCUR $2,250,000 X SIR$250,000 MED EXP(Any one person) Excluded PERSONAL&ADV INJURY $2,250,000 M'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,250,000 POLICY CI PEC ❑LOC PRODUCTS-COMP/OP AGG $2,250,000 0 OTHER: Agg.All Coverages $2,250,000 p r A PK1027424 04/01/2024 04/01/2025 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $2,250,000 Limits Shared With GL (Ea accident) $2,2 5 0,000 )( ANYAUTO SIR applies per policy terns & COndl ions BODILY INJURY(Per person) O OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS ONLY AUTOS N HIREDAUTOS NON-OWNED PROPERTY DAMAGE R ONLY AUTOS ONLY (Per accident) U Self-Insured Retention $250,000 V, w UMBRELLA LIAB OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION C WORKERS COMPENSATION AND ABL100004303 04/01/2024 04/01/2025 X PER STATUTE OTTH- EMPLOYERS'LIABILITY Y/N Retention $300,000 Ea. OC JER ANY PROPRIETOR/PARTNER/ N N/A SIR applies per O1lC terns & COndl ions E.L.EACH ACCIDENT $450,000 EXECUTIVE OFFICER/MEMBER pp p policy (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $450,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $450,OOO B Excess Workers Compensation �SP4066453 04/01/2024 04/01/2025 EL Max. Per Occ. $1,000,000 Ex WC Statutory Limits SIR Per Occ. $750,000 SIR applies per policy ter s & condi ions .�L DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) C RE: 2720 Flaggler Ave., Key west, Fl Unit 1-10. Certificate Holder is included as Additional Insured on General Liability polic :, as required by written contract. �.— x s-; CERTIFICATE HOLDER CANCELLATION APPROVED BY RISK MANAGEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BY �oiaea- DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. y� DATE 02.04.2 z j Monroe county BOCC AUTHORIZED REPRESENTATIVE '� 1100 Simonton Street WAIVERN/A-XYEs Key West FL 33040 USA 15`Fni cXK�IL c�GdOfG e/il+�(fCCQ r✓9dQ. O��LiGd� ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks ofACORD 579 AGENCY CUSTOMER ID: 570000065443 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services, Inc of Florida Catholic charities of The Archdiocese POLICY NUMBER See Certificate Number: 570110741184 CARRIER I NAIC CODE See certificate Number: 570110741184 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance security schedule Policy: PK1027424 Policy Period: 4/1/2024 - 4/1/2025 Issuing companies: certain Underwriters at Lloyd's, London: syndicate BRT 2987 - 40%; Syndicate ASP 4711 - 20%; Syndicate AXS 1686 - 5%; Endurance worldwide Insurance Limited - 14 %; United specialty Insurance company - 21% ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 580 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractor/Vendor: ARCHDIOCESE OF MIAMI - CATHOLIC CHARITIES Project or Service: 10 ADA ELDERLY RENTAL UNITS Contractor/Vendor 1505 NE 26 Street, 2nd Floor, Wilton Manors, Florida 33305 Address&Phone#: General Scope of Work: REIMBURSEMENT OF COMPLETED CONSTRUCTION Reason for Waiver or CONSTRUCTION OF UNITS IS COMPLETE,CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED Modification: FINAL BUILDING INSPECTION HAS BEEN ISSUED,UNITS ARE INSURED COI ON FILE Policies Waiver or 10 ADA UNITS LOCATED AT 2720 FLAGLER#1-10 KEY WEST, FL Modification will apply to: Thomas H. Courtney Digitally signed by Thomas H.Courtney Signature ofContractor/Vendor: Date:2025.02.05 14:09:59-05'00' Date: 02/05/25 Approved Not Approved ❑ Gaelan P Jones Digitally signed by Gaelan P Jones Risk Management Signature:_ Date:2025.02.05 16:49:26-05'00' Date: County Administrator appeal: Approved: _� Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: 581